NDIS Provider Fined $1.9M for ‘Terrible’ Choking Death
In a groundbreaking case, an NDIS provider has been ordered to pay a record-breaking penalty of $1.9 million following the tragic death of an intellectually disabled man who choked on a sandwich. The incident occurred in May 2020 at a residential home operated by Valmar Support Services in Richardson, Canberra, where the man was being cared for.
The Tragic Incident
The victim, a non-verbal man with intellectual disabilities, autism, type 2 diabetes, and Prader-Willi syndrome, a genetic disorder that causes excessive appetite, passed away three days after being fed a toasted salami and cheese sandwich by staff members. The court found that Valmar Support Services had failed to provide adequate support and care to the resident, resulting in the fatal choking incident.
Legal Ramifications
Following an investigation by the NDIS Quality and Safeguards Commissioner, the disability and aged care provider admitted to a range of shortcomings, including inadequately trained staff and failure to follow dietary and meal-time management plans. The court emphasized the gravity of the breaches and their fatal consequences, indicating that a higher penalty may be imposed in similar cases in the future.
Lessons Learned
The judge overseeing the case highlighted the importance of proper training and supervision in disability support services, emphasizing that such services cannot be effectively delivered without adequately trained staff. The ruling serves as a stern warning to Valmar and other providers about the critical need for compliance with dietary plans and the consequences of failing to do so.
In conclusion, this tragic incident underscores the vital importance of ensuring the safety and well-being of individuals with disabilities. It serves as a stark reminder of the significant impact that negligence and inadequate care can have on vulnerable members of our society. As we reflect on this case, let us recommit ourselves to upholding the rights of all individuals, especially those who require additional support and care, to ensure that such tragedies are prevented in the future.